engleski

The Permissibility of Self-Defence against Terrorist Organizations

States were traditionally considered to be the only subjects against which an action in self-defence could be undertaken. Although Article 51. of the United Nations Charter, which provides self-defence as the only exception to the prohibition of the unilateral use of force, does not specifically mention states, states were – until recently – the only subjects actually equipped and capable of undertaking an unlawful armed attack. However, that has changed. Different terrorist attacks, but mostly the one that took place on September 11 2001, have shown that states can be threatened by devastating attacks committed by terrorist organizations as well. Still, the fact is that terrorists always operate from the territory of one or more states. The question that poses itself is whether acts committed by terrorist organizations can be attributable to the state, giving rise to that state's international responsibility, or do these organizations operate independently of any state. In latter case, the question is whether it is justifiable and under what conditions to violate certain state's sovereignty and territorial integrity in order to suppress terrorist activity conducted from its territory, but not being attributable to it.

Self-Defence; Terrorist Organizations; International Responsibility

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